Opinion
CIVIL ACTION NO. 2:85cv1332-MHT, (Shelby County Commission) (WO).
October 1, 2007
Plaintiff, John Dillard, et al., Birmingham, AL, represented by James U. Blacksher.
Janai S. Nelson, NAACP Legal Defense Fund, New York, NY.
Julius L. Chambers, NAACP Legal Defense Fund, New York, NY.
Norman J. Chachkin, NAACP Legal Defense Educ'l Fund, Inc., New York, NY.
Edward Still, Edward Still Law Firm LLC, Birmingham, AL.
Defendant, Crenshaw County, Alabama.
Defendant, Ira Thompson Harbin in his official capacity as member of the Crenshaw County Commission and Probate Judge.
Defendant, Jerry L. Register in his official capacity as member of the Crenshaw County Commission.
Defendant, Amos McGough in his official capacity as members of the Crenshaw County Commission.
Defendant, Emmett L. Speed in his official capacity as member of the Crenshaw County Commission.
Defendant, Bill Colquett in his official capacity as member of the Crenshaw County Commission.
Defendant, Ann Tate in her official capacity as Circuit Clerk.
Defendant, Frances A. Smith in his official capacity as Sheriff of Crenshaw County.
Defendant, Etowah County, Alabama.
Defendant, Wiley Hickman in his official capacity as Probate Judge.
Defendant, Billy Yates in his official capacity as Circuit Clerk.
Defendant, Roy McDowell in his official capacity as Sheriff of Etowah County.
Defendant, Lawrence County, Alabama, Caine Proctor, Moulton, AL, represented by Cecil Boyd Caine, Jr.
David R. Boyd, Balch Bingham, Montgomery, AL.
David Larkin Martin, III, Moulton, AL.
Dorman Walker, Balch Bingham, Montgomery, AL.
Defendant, Richard I. Proctor in his official capacity as Probate Judge.
Defendant, Larry Smith in his official capacity as Circuit Clerk.
Defendant, Dan Ligon in his official capacity as Sheriff of Lawrence County.
Defendant, Coffee County, Alabama.
Defendant, Marion Brunson in his official capacity as Probate Judge.
Defendant, Jim Ellis in his official capacity as Circuit Clerk.
Defendant, Brice R. Paul in his official capacity as Sheriff of Coffee County.
Defendant, Calhoun County, Alabama, represented by David R. Boyd.
Dorman Walker, Calhoun County, Alabama.
Thomas Michael Sowa, Calhoun County Commission, Anniston, AL, US.
Kendrick E. Webb, Webb Eley, P.C., Montgomery, AL.
Defendant, Arthur C. Murray in his official capacity as Probate Judge.
Defendant, R. Forrest Dobbins in his official capacity as Circuit Clerk.
Defendant, Roy C. Snead, Jr. in his official capacity as Sheriff of Calhoun County.
Defendant, Escambia County, AL.
Defendant, Martha Kirkland in her official capacity as Probate Judge.
Defendant, James D. Taylor in his official capacity as Circuit Clerk.
Defendant, Timothy A. Hawsey in his official capacity as Sheriff of Escambia County.
Defendant, Talladega County, Alabbama.
Defendant, Derrell Hann in his official capacity as Probate Judge.
Defendant, Sam Grice in his official capacity as Circuit Clerk.
Defendant, Jerry Studdard in his official capacity as Sheriff of Talladega County.
Defendant, Pickens County, Alabama.
Defendant, William H. Lang, Jr. in his official capacity as Probate Judge.
Defendant, James E. Floyd in his official capacity as Circuit Clerk.
Defendant, Louie C. Coleman in his official capacity as Sheriff of Pickens County.
Defendant, Lee County, Alabama.
Defendant, Hal Smith in his official capacity as Probate Judge.
Defendant, Annette H. Hardy in her official capacity as Circuit Clerk.
Defendant, Herman Chapman in his official capacity as Sheriff of Lee County.
Defendant, Lawrence County Board of Education.
Defendant, State of Alabama, Office of the Attorney General, Alabama State House, Montgomery, AL, represented by John J. Park, Jr.
William H. Pryor, Jr., Office of the Attorney General, Alabama State House, Montgomery, AL.
Defendant, City of Childersburg.
Defendant, The Talladega County Board of Education.
Defendant, Covington County Commission, Andalusia, AL, represented by Earl Verner Johnson.
Defendant, Coffee County Commission, Cassady Cassady, LLP, Enterprise, AL, represented by Joe C. Cassady, Sr.
Defendant, Crenshaw County Commission, Luverne, AL, PRO SE, represented by Crenshaw County Commission, Courthouse.
Alton L. Turner, Luverne, AL.
John J. Park, Jr., Office of the Attorney General, Montgomery, AL.
Defendant, Escambia County Commission, Webb Eley, P.C., Montgomery, AL, represented by James W. Webb.
Defendant, Etowah County Commission, Gadsden, AL, PRO SE, represented by Etowah County Commission.
James E. Turnbach, Turnbach Warren, P. C., Gadsden, AL.
John J. Park, Jr., Gadsden, AL.
John Jack D. Floyd, Floyd Floyd Floyd, Gadsden, AL.
Defendant, Geneva County Commission, Baxley, Dillard, Dauphin McKnight, Birmingham, AL, represented by Charles Alexander Dauphin.
William Joseph Baxley, Baxley, Dillard, Dauphin McKnight, Birmingham, AL.
Defendant, Lee County Commission, Birmingham, AL, represented by John J. Park, Jr.
William Freeman Horsley, W.F. Horsley, Samford Denson, LLP, Opelika, AL.
Defendant, Morgan County Commission, Harris, Caddell Shanks, P.C., Decatur, AL, represented by William E. Shinn, Jr.
Defendant, Pickens County Commission, Curry Kirk, Carrollton, AL, represented by W.O. Kirk, Jr.
Defendant, Shelby County Commission, Columbiana, AL, US, PRO SE, represented by Shelby County Commission.
David R. Boyd, Columbiana, AL.
Defendant, St. Clair County Commission, Church Minor Abbott Fur Davis PC, Pell City, AL, US, represented by Billy Lynn Church.
Edward Smith Allen, Balch Bingham, Birmingham, AL.
Defendant, Talladega County Commission, Talladega, AL, PRO SE, represented by Talladega County Commission.
Barry Dale Vaughn, Proctor Vaughn, L.L.C., Sylacauga, AL.
John J. Park, Jr., Sylacauga, AL.
Defendant, Geneva County Board of Education, Bradley Arant Rose White LLP, Birmingham, AL, represented by Donald B. Sweeney, Jr.
Defendant, Jefferson County Board of Education, Bishop, Colvin, Johnson Kent, Birmingham, AL, represented by Carl E. Johnson, Jr.
Defendant, Limestone County Board of Education, Byrd R. Latham, Athens, AL, represented by Byrd R. Latham.
Defendant, Shelby County Board of Education, Columbiana, AL, US, PRO SE, represented by Shelby County Board of Education.
David R. Boyd, Columbiana, AL.
Donald B. Sweeney, Jr. Columbiana, AL.
Defendant, St. Clair County Board of Education, Columbiana, AL, represented by Edward Smith Allen.
William J. Trussell, Pell City, AL.
Defendant, City of Daleville, Daleville, AL, PRO SE, represented by City of Daleville.
John J. Park, Jr., Daleville, AL.
William H. Filmore, Ozark, AL.
Defendant, City of Helena, Ozark, AL, represented by David R. Boyd.
Frank C. Ellis, Jr., Wallace, Ellis, Fowler Head, Columbiana, AL.
Defendant, City of Muscle Shoals, Columbiana, AL, represented by Dorman Walker.
John Dabney Clement, Jr., Muscle Shoals, AL, US.
Defendant, Town of Pine Hill, Camden, AL, represented by Donald M. McLeod.
FINAL JUDGMENT
Pursuant to the joint motion to show cause as to why this case should not be dismissed (Doc. No. 719), an order was entered on July 30, 2007 (Doc. No. 720), directing defendant Shelby County Commission to show cause, if any there be, in writing by September 26, 2007, as to why said motion should not be granted. The Shelby County Commission responded on September 24, 2007 (Doc. No. 727), stating that it had no objection to the dismissal of it from this action.
There being no objection to the show-cause order and the final dismissal of this action, and Alabama Act No. 2006-252 having received preclearance, it is the ORDER, JUDGMENT, and DECREE of the court as follows:
(1) The motion to show cause as to why this case should not be dismissed (Doc. No. 719) is granted.
(2) It is DECLARED as the judgment of this court that Alabama Act No. 2006-252 provides state legislative authority for the method of election and number of seats prescribed by the consent decree the court approved on May 25, 1990, providing that, beginning with the 1992 elections, the Shelby County Commission consist of seven or nine members elected from single-member districts, one of which was to be majority black. Because only a nine member configuration worked, the County Commission drew a nine member plan that was precleared and, with modifications, is still in use today.
(3) The injunction contained in the prior judgment of the court to the extent it pertains to defendant Shelby County Commission is dissolved, and the judgment is vacated.
(4) All claims against defendant Shelby County Commission in this action are dismissed.
The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.